Joke Collection Website - Bulletin headlines - Is it illegal to destroy other people's game equipment?
Is it illegal to destroy other people's game equipment?
Virtual property is a specific form of data with property;
1, players pay money and labor for game equipment, which shows that virtual property has value;
2. Virtual properties such as game equipment can help the virtual characters and ships manipulated by players to play a role in the virtual environment, which is of use value;
3. Virtual property can be controlled by players and can exist with the help of computers, software, networks and other carriers. When using, players can realize the exclusive possession and use of virtual property such as game equipment through their own accounts and passwords;
4. Virtual property has exchange value. Virtual property can be transferred and exchanged between players, and players can dispose of it freely;
5. Virtual property, such as game equipment, is essentially the same as tangible property, and has the property attribute, which can be classified into the evaluation scope of property crime and can be used as the criminal object of the crime of intentionally destroying property.
Destruction of virtual property such as online game equipment conforms to the statutory act of intentional destruction of property: 1. Destruction includes destruction and damage. The so-called destruction refers to the loss or total destruction of public and private property, so that it no longer exists or has lost its value although it exists;
2. The way to destroy virtual property should be judged according to the rules of the game in the online virtual world. Although sabotage is invisible, it has actually caused the loss or value loss of virtual property, so it can be evaluated as "sabotage" in the crime of deliberately destroying property.
Determine the value of virtual property:
1. For virtual property and props with a certain transaction price, their prices are objective and credible, and the amount should be determined according to the transaction price, that is, according to the external selling price of the game;
2. For the virtual property that has not been traded, such as the virtual property that players "practice" in the game, it is difficult to effectively judge the value of the damaged equipment because the game process does not produce value.
Determination of the crime of intentionally destroying property;
1, object elements, the object of this crime is the ownership of public and private property. The object of crime can be various forms of public and private property, including means of production and means of subsistence; Movable property, real estate and so on. However, if the actor intentionally destroys specific property as otherwise stipulated in this Law and endangers other object elements, it shall be dealt with in accordance with the relevant provisions of the Criminal Law;
2, objective elements, this crime is objectively manifested in the destruction, destruction of public and private property in a large amount or other serious circumstances. Deliberately destroying public or private property must reach a large amount or have other serious circumstances to constitute a crime;
3. Subject elements: the subject of this crime is the general subject, and any natural person who has reached the age of criminal responsibility and has the ability of criminal responsibility can constitute this crime;
4. Subjective elements: This crime is intentional subjectively. The purpose of crime is not to illegally acquire property, but to destroy it.
To sum up, through the comparative analysis of the characteristics of property in criminal law (value, controllability and possibility of transfer) and the basic characteristics of network virtual property, it is found that their attributes are essentially identical, thus affirming that network virtual property has property attributes, belongs to the property category in criminal law and should belong to the object of property crime.
Legal basis:
Article 124 of the Civil Code of People's Republic of China (PRC)
Virtual property can be inherited according to law. Intentionally destroying other people's virtual property requires different responsibilities according to different situations, and may even constitute the crime of intentionally destroying property.
Article 127 of the Civil Code of People's Republic of China (PRC)
Where the law has provisions on the protection of data and network virtual property, such provisions shall prevail.
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